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Copyright management in open access projects
Iryna KuchmaOpen Access Programme manager
Presented at “New Trends for Science Dissemination”, ICTP – Trieste, Italy, 28 September 2011
www.eifl.netAttribution 3.0 Unported
Practical guidance when submitting journal articles
In order to maximize the value of the research you produce in digital environment, it is important for you to take an active role in managing the copyrights to your work.
Copyright protection is automatic (at the moment the copyrighted work has been “fixed in a tangible medium,” such as when a written work has been saved on a computer's hard drive or printed).(From SPARC Introduction to Copyright Resources: http://bit.ly/mRHQHT)
Practical guidance (2)
When you publish in a journal you are typically asked by the publisher to sign a copyright transfer agreement, or contract, that describes the assignment of various rights to the publisher.
Assigning your rights matters.
The copyright holder controls the work.
Transferring copyright doesn’t have to be all or nothing.(From Author Rights: Using the SPARC Author Addendum to secure your rights as the author of a journal article http://bit.ly/cezf0w)
A balanced approach
Authors: Retain the rights you want. Use and develop your own work without restriction. Increase access for education and research. Receive proper attribution when your work is used. If you choose, deposit your work in an open online archive where it will be permanently and openly accessible. (From http://bit.ly/cezf0w)
A balanced approach (2)
Publishers: Obtain a non-exclusive right to publish and distribute a work and receive a financial return. Receive proper attribution and citation as journal of first publication. Migrate the work to future formats and include it in collections. (From http://bit.ly/cezf0w)
Securing your rights
1. The SPARC Author's Addendum preserves rights for broader use of your research: http://scholars.sciencecommons.org
2. If your research is funded by the donor with an open access mandate, the donor usually offers language that modifies a publisher's copyright agreement to give you the rights to follow donor's open access policy. (From SPARC Introduction to Copyright Resources: http://bit.ly/mRHQHT)
Repository submission policy1. Items may only be deposited by accredited researchers based at any participating university, college or research organization, or their delegated agents.
2. Authors may only submit their own work for archiving.
3. Submitted items are not vetted by the administrator.
Repository submission policy (2)
4. The validity and authenticity of the content of submissions is not checked.
5. Items can be deposited at any time, but will not be made publicly visible until any publishers' or funders' embargo period has expired.
Repository submission policy (3)
6. Any copyright violations are entirely the responsibility of the authors/depositors.
7. If the repository receives proof of copyright violation, the relevant item will be removed immediately.
Repository preservation policy
1. Items will be retained indefinitely.
2. Repository will try to ensure continued readability and accessibility.
● It may not be possible to guarantee the readability of some unusual file formats.
3. Repository regularly backs up its files according to current best practice.
Repository preservation policy (2)
4. Items may be removed at the request of the author/copyright holder.
5. Acceptable reasons for withdrawal:
Journal publishers' rules
Proven copyright violation or plagiarism
Legal requirements and proven violations
National Security
Falsified research
Repository preservation policy (3)
6. Withdrawn items are not deleted per se, but are removed from public view.
7. Withdrawn items' identifiers/URLs are retained indefinitely.
8. URLs will continue to point to 'tombstone' citations, to avoid broken links and to retain item histories.
9 In the event of repository being closed down, the database will be transferred to another appropriate archive.
Deposit Licenses & End User Licenses
A comprehensive deposit and end user’s license agreement should cover a number of core topics, including
a depositor’s declaration
the repository’s rights and responsibilities
and the end-user’s terms and conditions
Depositor's Declaration
1. to ensure that the depositor is the copyright owner, or has the permission of author/copyright holder (if by proxy) to deposit
2. the author and any other rights holders grant permission to the host institution to distribute copies of their work via the internet...
3. the author has sought and gained permission to include any subsidiary material owned by third parties
Repository's rights & responsibilities
It must be made clear to the submitting author that through submission of their work the copyright ownership is unaffected.
One way of doing this is for the deposit license to begin with the author granting the repository the nonexclusive right to carry out the additional acts...
End-user's terms and conditions
open access publication: the author(s) & copyright holder(s) grant(s) to all users a free, irrevocable, worldwide, perpetual right of access to, and a license to copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship (BBB)
PlagiarismIf articles are easily available, then plagiarism will be made easier?
On the contrary. Open access might make plagiarism easier to commit, for people trolling for text to cut and paste. But for the same reason, open access makes plagiarism more hazardous to commit. Insofar as open access makes plagiarism easier, it's only for plagiarism from open access sources. But plagiarism from open access sources is the easiest kind to detect. (From Open access and quality by Peter Suber, SPARC Open Access Newsletter, issue #102: http://bit.ly/qZUQo7)
Plagiarism (2)
In fact, plagiarism is diminished as a problem.
It is far easier to detect if the original, date-stamped material is freely accessible to all, rather than being hidden in an obscure journal.(From the Open Access Frequently Asked Questions, DRIVER — Digital Repository Infrastructure Vision for European Research http://www.driver-support.eu/faq/oafaq.html)
Plagiarism (3)It is easier to detect simple plagiarism with electronic than with printed text by using search engines or other services to find identical texts. For more subtle forms of misuse, the difficulties of detection are no greater than with traditional journal articles. Indeed, metadata tagging, including new ways of tracking the provenance of electronic data and text, promise to make it easier. From JISC Opening up Access to Research Results: Questions and Answers: http://www.jisc.ac.uk/uploaded_documents/QandA-Doc-final.pdf
DRIVER Guidelines
It is preferred to refer to a rights service where the reuse rights are made clear to the end-user by using a URL.
For example the Creative Commons organisation has created URIs for their different Licenses in the different Jurisdictions. This can be applied to create machine-readable usage licenses.Guidelines 2.0 for Repository Managers and Administrators on how to expose digital scientific resources using OAI-PMH and Dublin Core Metadata, creating interoperability by homogenising the repository output: http://bit.ly/mRbQ87
DRIVER Guidelines (2)
Using Creative Commons right services makes the usage rights much more clear to the end user.
The URL provides the location where the license can be read. With creative common licenses the type of license can be recognized in the URL name itself. A pro for having the license point to an URL in this way, is that this is machine-readable.
DRIVER Guidelines (3)
For science, in order to spread the knowledge as freely as possible, without losing the notion of ownership, one could use the Creative Commons license BY-SA in your jurisdiction area. This means
• SA - Share Alike: everyone is allowed to use your material, even commercial use is allowed
SURF
SURF recommends using the most liberal Creative Commons license for articles, which is CC BY.
For data it recommends the more liberal assignment to the public domain, as required by the Science Commons Protocol for Implementing Open Access Data.
(“Reuse of material in the context of education and research”: http://bit.ly/eDiic)
Thank you! Questions?
